A whistleblower is an individual who reports , either verbally and or in writing , to senior management and or officers of the corporation, any kind of information or activity that is deemed illegal, dishonest, unethical , and / or breaches of statutory laws and regulations , for example under the Corporations Act 2000, the Australian Consumer and Competition Laws and or industry specific laws.
Corporations and its directors / senior managers have very broad fiduciary and legal obligtaions in the performance of their duties and need to stringently comply with the relevant corporate, environmental, taxation, workplace and / or work health and safety laws.
The Corporations Act provides significant safeguards for whistleblowers and makes it a criminal offence to victimise one because of a protected disclosure.
Lately we have sensed a greater determination by employees and middle level management to raise their concerns regarding unethical and unlawlful corporate behaviour and conduct.
Indeed we regularly also hear " If I speak up I will lose by job" and our advice has been it is essential you speak up when the corporations conduct seriously affects consumers, suppliers , and the general public, physically, financially, and emotionally.
Please see further examples of whistleblower conduct and please contact Connect Legal, speak to Richard and or Jake whenever you have been victimised for legitimately raising your concerns.
Lately I have noticed that my employer has not been paying employee wages and superannuation on time, unreasonably delaying supplier payments for products and or services rendered, I approached senior management and raised my concerns and within two weeks they terminated my employment, what are my legal rights ?
This scenario raises circumstances where your employer may be trading insolvent, not paying their expenses and liabilities when they fall due. The Corporations Act provides companies and directors penalties for trading insolvent and as directors they need to execute their fiduciary and legal duties with upmost good faith. In the instance that your employment is terminated because you have exercised your rights not only under the Fair Work Act, but more importantly under the Corporations Act, then there are significant whistle blower protections. Connect Legal and their solicitors are very experienced in this area, undertaking these claims on behalf of its clients in the Federal court and of Federal Circuit Court.
My employer is flagrantly misleading and deceiving our customers in relation to products and or services offered and unilaterally changing pricing structures. Furthermore they are breaching the legal standards and regulations that apply to our industry, e.g environmental, healthcare, banking and food safety. I placed my concerns in writing regarding the above matters and they made my position redundant and stated " we undertook a restructure and your position was no longer needed", what are my legal rights ?
A corporation and its directors / senior managers under the Australian Consumer and Competition Laws 2010 have obligations not to mislead and deceive their customers in relation to the products / services offered. Furthermore each industry has applicable laws and regulations which develop various safeguards that corporations need to comply with. In this instance once again if your employment has been terminated on the ground of redundancy, there has been no consultation and you have raised these whistle blower complaints, then it may be a sham redundancy. If this scenario has occurred to you please contact our office and speak to our experienced solicitors who have pleaded and succeeded on these matters in the Federal Circuit Court.
I work for a large bank and their banking and finance practices have been very questionable. I have emailed senior management on numerous occasions stating our practices are breaching the Banking Act of 1959 , and all they do is disregard my concerns. The Bank has now terminated my employment for a trivial issue, what shall I do?
The Banking Act of 1959 has significant whistle blower protections that protects bank employees from raising serious breaches of the Act. These matters are not simplistic and require indepth interviews and written submissions to highlight the flagrant breaches. Connect Legal its team of solicitors, barristers and paralegal have been very experienced in this area and can safeguard your legal rights when you have legitimately raised banking whistle blower complaints.
I work within the healthcare industry and have raised very serious malpractice issues regarding patient care, administering medicine, utilising medical devices, and breaching health practice guidelines. Management has known about this practice for years, but regrettably they lose focus on patient care and have other motives driving the business. It seems senior management are covering up these matters and they terminated my employment " saying I do not fit the workplace culture" , what are my legal rights?.
We have acted in numerous instances for employees raising whistle blower complaints within the healthcare industry working for public / private hospitals, aged care centres, medical device and pharmaceutical companies. Undoubtedly , within healthcare the primary objective is patient care and to ensure that the most appropriate and safe health diagnosis is provided to the patient. We constantly hear about health and medical malpractice issues, and it is vital as an allied health professional you speak up both verbally and in writing about these matters. Thereby if your employment has been terminated because you have raised legitimate healthcare concerns then contact Richard Aslanian from Connect Legal to further discuss your matter.
Yes to each and every circumstance that you perceive that your employer is flagrantly breaching the Corporations Act, The Australian Consumer and Competition Laws and or any industry specific laws and regulations. Indeed we understand the ramifications to your employment and we have heard many times " that I will lose my job if I speak up". However the more appropriate question is if I do not speak up , remain silent, others may get physically, financially and emotionally disadvantaged and hurt. Corporations have to understand they not only have obligations to shareholders, but many other stakeholders such as employees, suppliers, regulators, and the general public. The notion of corporate social responsibility is firmly entrenched within our workplaces and thereby it is essential you speak up verbally and in writing when you perceive your employer has intentionally impinged on the rights of all stakeholders.
I work as a business development manager for a large industrial company and have raised serious workplace complaints on how we have been misleading our clients on our products, its specifications and pricing. The company has made my position redundant and alleges we are experiencing an economic downturn , but really we have a huge amount of work and orders pending. Have I been dismissed for exercising my workplace rights.
Indeed there may be credible grounds to demonstrate you have been dismissed for exercising your workplace rights pursuant to the Fair Work Act, Australian Consumer Competition Law and Corporations Law. However, what is essential that you have formalised your workplace complaints in writing to management and or kept detailed notes. Indeed your former employer will allege it was a legitimate redundancy, but the timing is very interesting considering your exercised very serious workplace rights and complaints.
Medical devices companies have very important legal obligations pursuant to the TGA and the Work Health and Safety Act, whereby they have to ensure their medical devices comply with the applicable TGA operating standards. Indeed under the TGA, medical device companies have to self report any malfunctioning products. In your circumstances, if the company's medical devices are faulty, they have not self reported and you have exercised workplace rights about these faulty products, then there is a positive correlation your employment was because you exercised your workplace rights.
Our legal services will be undertaken on a No Win No Fee basis as has been the case from inception when we commenced defending employee rights in the late 90s. We will provide a written costs agreement outlining our No Win No Fee policy and will provide an estimate of the applicable fees.